The National Insurance Company Ltd vs On The Death Of Sanufa Khatun Her Legal ...
2024 Latest Caselaw 5786 Gua

Gauhati High Court

The National Insurance Company Ltd vs On The Death Of Sanufa Khatun Her Legal ... on 12 August, 2024

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GAHC010181932020




                        THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : MACApp./31/2024

         THE NATIONAL INSURANCE COMPANY LTD.
         REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA-
         700071, REP. BY THE MANAGER, GAUHATI REGIONAL OFFICE,
         BHANGAGARH, GUWAHATI- 781005, KAMRUP(M), ASSAM.

         VERSUS

         ON THE DEATH OF SANUFA KHATUN HER LEGAL HEIRS AND 2 ORS.
         (Deceased)
         X

         1.1:Md SURAJ ALI
         AGED ABOUT 76 YEARS
         R/O-VILLAGE-2 NO. SAMBARIA
         P.O. 1NO SAMBARIA
          P.S. LANKA
         DIST. HOJAI
         ASSAM
         PIN-782435
         C/A-C/O-NIZAM UDDIN
         R/O. VILLAGE- ISLAMPATTY
         DISTRICT- NAGAON
         ASSAM
         PIN 782002

         2:M/S EFC LOGISTICS INDIA PVT. LTD.

          A.G. ROAD
          KOHIMA
          P.O. AND P.S. KOHIMA
          DIST.- KOHIMA
          NAGALAND
          PIN- 797001.
                                                                       Page No.# 2/3

            3:THE ORIENTAL INSURANCE CO. LTD.

             NAGAON BRANCH
             CHRISTIANPATTY
             PALASANI
             P.S. SADAR
             DIST.- NAGAON
             ASSAM
             PIN- 782001.

            4:MD SURUJ ALI
             S/O ISLAM
             R/O VILL. 2 NO. SAMBARIA
             P.O. 1 NO. SAMBARIA
             P.S. LANKA
             DIST. HOJAI
            ASSAM
             PIN 782435 C/A C/O NIZAM UDDIN
             R/O VILL. ISLAMPATTY
             DIST. NAGAON
            ASSAM
             PIN 78200

Advocate for the Petitioner   : MS. R D MOZUMDAR, MS. C MOZUMDAR,MR. S P SHARMA

Advocate for the Respondent : ,




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                        ORDER

Date : 12.08.2024

Heard Ms. R. D. Mozumdar, learned counsel for the appellant.

This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred impugning the judgment dated 09.07.2019 passed by the learned Member, Motor Accident Claims Tribunal, Nagaon in MAC Case No. 616/2016 whereby the appellant was directed to pay a compensation amount of Rs.12,35,341/- along with 7% interest per annum thereon to the to the Page No.# 3/3

claimants respondents.

The appeal is admitted.

Call for the case record of MAC Case No. 616/2016 from the concerned Tribunal.

Issue notice to the respondents.

The appellant shall take steps for issuance of notice to the respondents by registered post with A/D as well as by usual mode within seven days from the date of this order, returnable after four weeks.

List accordingly.

JUDGE

Comparing Assistant